Pennsylvania Consolidated Statutes

74 Pa. Cons. Stat. § 9108 (2026)

Requests.

✓ current as of May 2026

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§ 9108. Requests.

A request may be solicited or unsolicited and may provide for the development or operation of transportation facilities using a variety of project delivery methods and forms of agreement. The methods may include:

(1) Predevelopment agreements leading to other implementing agreements.

(2) A design-build agreement.

(3) A design-build-operate agreement.

(4) A design-build-maintain agreement.

(5) A design-build-finance-operate agreement.

(6) A design-build-operate-maintain agreement.

(7) A design-build-finance-operate-maintain agreement.

(8) An operate-maintain agreement.

(9) A concession providing for the development entity to design, build, operate, maintain, manage or lease a transportation facility.

(10) Any other innovative or nontraditional project delivery method or agreement or combination of methods or agreements that the public entity determines will address the transportation needs of the Commonwealth and the public entity and serve the public interest.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2016–2022 · leading case: Commonwealth, Dep't of Transp. v. Walsh/Granite JV, 149 A.3d 425 (Pa. Commw. Ct. 2016).

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Commonwealth, Dep't of Transp. v. Walsh/Granite JV, 149 A.3d 425 (Pa. Commw. Ct. 2016). · cites it 2× “74 Pa.C.S. § 9108. Moreover, P3 contracts have outcome-based specifications, meaning that the public sector owner specifies its requirements and the private sector partner determines the best way to meet them.”

S. Fayette Twp. v. PA DOT (Pa. Commw. Ct. 2022). “74 Pa.C.S. § 9108. Act 88 specifically authorizes the Board to approve “[p]redevelopment agreements [PDA] leading to other implementing agreements.”

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